Kathmandu, March 28: A division constitutional bench at the Supreme Court Monday quashed a writ petition filed against the appointment of the then Chief Justice Khilraj Regmi to the post of the Chair of the Interim Council of Ministers assigned to hold the second Constituent Assembly ( CA) elections, on March 14, 2013.
The division constitutional bench comprising Chief Justice Kalyan Shrestha, judges Sushila Karki, Baidyanath Upadhyay, Gopal Parajuli and Om Prakash Mishra quashed the writ on the basis of majority views. However, CJ and senior most judge Karki registered their differing views over the writ as they stated that the process of removing constitutional difficulties to pave the way for appointing the then sitting CJ as Chair of the Council of Ministers was wrong as it lacked clear constitutional ground.
The majority view was that that then CJ Regmi was appointed as the Chair of Council of Ministers as per the Cabinet decision in line with the President order to remove constitutional difficulties towards that end and his appointment is no more disputable in the changed context of the promulgation of the new constitution.
Advocate Dr Chandrakant Gyawali moved to the Supreme Court, protesting the appointment of the then CJ Regmi as the Chairman of Interim Council of Ministers.
